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COM. EX REL. SMITH v. PA. D.O.C.

829 A.2d 788 (2003)

COMMONWEALTH ex rel. Bernard SMITH, Petitioner, v. PA. DEPT. OF CORRECTIONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 5, 2003.

Attorney(s) appearing for the Case

Bernard Smith, petitioner, pro se.

Timothy A. Holmes, Camp Hill, for respondent.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, and KELLEY, Senior Judge.

McGINLEY, Judge.

Before this Court are the preliminary objections of the Pennsylvania Department of Corrections (Respondent) to Bernard Smith's (Smith) petition for review filed in this Court's original jurisdiction.1

On February 26, 2003, Smith, proceeding pro se, filed an action in mandamus which this Court treated as a petition for review. Smith alleges:

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